| The pre-trial conference system is a key part of China’s "trial-centric" litigation reform,and it is also an important bridge linking pre-trial procedures and formal trials.Balancing justice and efficiency have become the development goal of China’s procedural law in considering of limited judicial resources in our country.The pre-trial conference system is formally established in this context.It is of great significance to keep judicial justice,impel the substantial trial and improve the efficiency of litigationHowever,we should also see that there are still many room for improvement in this system.Due to the principled legal provisions and general legislative design,this system has problems in practice such as poor operability,low application rate,confusing scope of application and the subj ect of activation,and difficulty in determining the effectiveness.These problems make the pre-court meeting system unable to achieve the preset effectThis article uses the methods of literature analysis and comparative analysis.It explores the essence of the problem from the table and the inside,and it is divided into four parts,carrying out the discussion steeplyThe first chapter is the introduction.The background of the topic selection and the significance of the research are described.At the same time,the research status of the pre-court conference system in China and abroad is analyzed,and the starting point and direction of the discuss of this paper are clarified.The second chapter is a review of the legislation of China’s pre-court conference system.Then explored the three phases in chronological order,the initial establishment phase,and the trial of the pre-trial conference rules are explored to clarify the legislative evolution of the system and analyze each one.By comparison,the progress and deficiencies of legislation in each period were clarified,and the development of the system was grasped,and the direction of progress was clearThe third chapter is the practical investigation of China’s pre-court conference system.By analyzing the six problems that actually exist,we can understand the current status of the system operation,and analyze the reasons for the gap between theory and reality.In the cause analysis section,the effect of the theoretical preset is firstly described,and then the macro reason for the gap is that the system design is incomplete,the authority is greater than the adversity,the lack of awareness of the system value,and the lack of court-centered ideas;finally,give the specific analysis of the problem.The fourth chapter is the suggestions to improve our pre-court conference system.First,put forward realistic suggestions for this system from six aspects,namely,clarifying the way of pre-trial conference,clarifying the chairperson,optimizing the procedure of eliminating illegal evidence,clarifying the effectiveness of the conference,protecting the defendants’legitimate rights and interests,and clarifying the content of the conference;then put forward a long-term vision for the development of the system,which is to promote the opening of pre-trial meetings in the future,include confession consultations,establish a pre-trial system and improve litigation structure. |
